The relevance of context in assessing claims
Also to what extent can “context” offer a reason for just what otherwise would clearly be behavior that is harassing?
First, just just exactly what gets the Supreme Court stated about “context”? The Supreme Court stated that a court applying Title VII should give “careful consideration of the social context in which particular behavior occurs and is experienced by its target” when determining whether an objectively hostile environment existed in its 1998 decision in Oncale v. Sundowner Offshore Services, Inc.
For instance, Justice Scalia noted in their bulk viewpoint, context is really what differentiates a mentor’s slapping a soccer player from the behind after a game title, from their doing the thing that is same their assistant right straight back on the job. Context might justify the behavior that is former although not the latter.
But federal courts have actually struggled using the notion of “context, ” often running amok along with it. The U.S. Court of Appeals for the tenth Circuit, as an example, held in 1995 in Gross v. Burggraf Construction Co. That the truck that is female could perhaps maybe not prevail inside her aggressive environment claim due to context. Continue reading “This argument raises a question that is important exactly what does context suggest, with regards to sexual harassment claims?”